Evidence

Question 1

S44 - sexual experience

Answer 1

Evidence of sexual experience-
-No evidence/questions can be put to the witness regarding the complainants sexual experience with any other person other than the defendant. Accept with the judges permission.
-No evidence/questions can be put to the witness that relates to the reputation of the complainant in sexual matters.
-the judge must not grant permission unless satisfied the evidence/question is directly relevant to the facts in issue or the appropriate sentence that would be contrary to the interests of justice to exclude it.

Question 2

S87 - address

Answer 2

Privacy to the witnesses address-
In court proceedings a persons address cannot without permission from the judge:
A)be the subject of any question or evidence.
B)be included in any statement or remark made by the witness, lawyer, officer of the court or any other person.
-the judge must not grant permission unless the evidence/question/statement/remark are of directed relevance and to exclude it would be contrary to the interests of justice.
-an application can be made to the judge before or after the start of the hearing and if possible be dealt with in chambers.

Question 3

S88 - occupation

Answer 3

Complainants Occupation-
-protects the complainant from having questions put to them about their occupation.
An application to the judge must be made for this information to be disclosed.

Question 4

S121 - corroboration

Answer 4

The complainants evidence does not need to be corroborated as there is often no independent witness.

Question 5

S97 - oral evidence

Answer 5

Under special circumstances an application for the court to hear oral evidence.
If granted the complainant will have protection around who is present and what can be asked.

Question 6

S35 - Previous consistent statement

Answer 6

A previous statement that is consistent with the witnesses evidence is inadmissible.

Unless:
A. The witnesses veracity is challenged then a previous statement is admissible to respond to the challenge.
B. Forms an integral part of the events before the court.
C. Consists of the mere fact that a complainant has been made in a criminal case.

Only used as rebuttal evidence.
Includes what the complainant said to a witness about an incident, then the witnesses information can be used in court as rebuttal evidence if the complainants veracity is challenged.